NOTE If the credibility or reputation for truthfulness of the witness has been

Note if the credibility or reputation for

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NOTE: If the credibility or reputation for truthfulness of the witness has been attacked on cross-examination, the attorney whose witness has been damaged may wish to ask several more questions. These questions should be limited to the damage the attorney thinks has been done and should be phrased so as to try to “save” the witness’s truth-telling image in the eyes of the court. Re-direct examination is limited to issues raised by the attorney on cross-examination. Please note that at times it may be more appropriate not to engage in re- direct examination. Objection: “Objection. Counsel is asking the witness about matters that did not come up in cross- examination.” d. Re-Cross Examination Rule 309: LIMIT ON QUESTIONS . Three additional questions, but no more than three, may be asked by the cross-examining attorney, but such questions are limited to matters on re-direct examination and should avoid repetition. The presiding judge has considerable discretion in deciding how to limit the scope of re-cross. Like re-direct examination, at times it may be more appropriate not to engage in re-cross-examination. Objection: “Objection. Counsel is asking the witness about matters that did not come up on re-direct examination.” e. Argumentative Questions Rule 310: Questions that are argumentative should be avoided and may be objected to by counsel. An argumentative question is one in which the cross-examiner challenges the witness about his or her inference from the facts, rather than seeking additional facts. Example:
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36 11/19/14 Why were you driving so carelessly ?” Objection: “Objection. “Your Honor, counsel is being argumentative.” f. Compound Questions Rule 311: Questions that are compound in nature should be avoided and may be objected to by counsel. A compound question requires the witness to give one answer to a question, which contains two separate inquiries. Each inquiry in an otherwise compound question could be asked and answered separately. Examples: “Tony, didn’t you get sued by the buyer of your company and get prosecuted by the IRS?” “Did you see and feel the residue on the counter?” Objection: “Objection. “Your Honor, counsel is asking a compound question.” g. Asked and Answered Questions Rule 312: Questions that have already been asked of and answered by a witness should not be asked again and may be objected to by opposing counsel. Objection: “Objection. “Your Honor, the witness was asked and answered this question.”
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37 11/19/14 h. Speculation Rule 313 : Questions that ask a witness to speculate about matters not within his personal knowledge are not permitted, and are subject to an objection by opposing counsel. Example : "Do you think your friend Robert knew about the robbery in advance?" Objection: "Objection. Your Honor, the question asks the witness to speculate." 4. HEARSAY Understanding and applying the Hearsay Rule (Rule 401), and its exceptions (Rules 402, 403, 404, and 405), is one of the more challenging aspects of the Mock Trial Tournament. We strongly
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  • Spring '17
  • mrs callman
  • attorney, new york state

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